Show simple item record

dc.contributor.authorCarney, Terrence R
dc.date.accessioned2018-06-14T14:23:36Z
dc.date.available2018-06-14T14:23:36Z
dc.date.issued2018-05-17
dc.identifier.citationCarney, T.R. Disposing of bodies, semantically: notes on the meaning of "disposal" in S v Molefe. Potchefstroomse elektroniese regsblad = Potchefstroom electronic law journal, 2018(21)1-20. [https://doi.org/10.17159/1727-3781/2018/v21i0a4220]en_US
dc.identifier.issn1727-3781
dc.identifier.urihttp://hdl.handle.net/10394/27543
dc.identifier.urihttps://doi.org/10.17159/1727-3781/2018/v21i0a4220
dc.description.abstractIn S v Molefe the presiding officer determines the meaning of the word "disposal" at the hand of two criteria, namely visibility and permanence; this means a body has to be permanently out of sight to be considered disposed of. He applies these two criteria in order to conclude if the accused is guilty of concealing the birth of her child by disposing of its body. In doing so, the court no longer interprets the word as an everyday word but turns it into a legal term. This note questions the linguistic soundness of the criteria by investigating how language structures space, and how these constructions relate to the word "disposal". In order to scrutinise the criteria, a text analysis was carried out by applying Talmy's ideas surrounding prepositions in structuring space and movement. Connected to this is the semantic difference between the words "seeing" and "looking": seeing is a sensory act, whereas looking is a cognitive one. In keeping with the contested word's status as a legal term, the difference between seeing and looking aids in formulating two new criteria. Courts may consider assessing whether disposal took place on the grounds of containment and movement; for instance, has the body been moved from one location to another and is the body being contained within another object like a bucket, a wooden box or a suitcase?en_US
dc.language.isoenen_US
dc.publisherPERen_US
dc.subjectAttempten_US
dc.subjectconcealment of birthen_US
dc.subjectdisposalen_US
dc.subjectdispose ofen_US
dc.subjectdisposeden_US
dc.subjectlookingen_US
dc.subjectordinary meaningen_US
dc.subjectseeingen_US
dc.subjectspace in languageen_US
dc.subjectuncompleted attempten_US
dc.titleDisposing of bodies, semantically: notes on the meaning of "disposal" in S v Molefeen_US
dc.typeOtheren_US


Files in this item

Thumbnail

This item appears in the following Collection(s)

Show simple item record